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Patna High Court

Deep Paswan @ Dip PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Deep Paswan, was charged under Sections 190, 191(2), 126(2), 115(2), 103(1) and 61(2) of the B.N.S. for allegedly assaulting the son of an informant with a knife, resulting in death. The prosecution alleged a group assault involving multiple accused, while the petitioner claimed innocence, citing lack of material evidence and inconsistencies in the post‑mortem report that showed no cut injuries. The petitioner, who has no prior criminal record, had been in judicial custody since 10‑12‑2025 and sought bail. The State opposed the bail application. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges and the prosecution’s claim of a group assault.
  • Whether the material evidence, including the post‑mortem findings, is sufficient to justify continued judicial custody.

Legislation cited

  • B.N.S. — s. 103(1), 115(2), 126(2), 190, 191(2), 61(2)

Subjects

  • bail
  • criminal procedure
  • assault
  • murder
  • false implication
  • postmortem report
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22023 of 2026
                      Arising Out of PS. Case No.-1270 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Deep Paswan @ Dip Paswan, Son of Ranjit Pawan, R/v- Kharanth PS-
                 Muffasil, District- Nawadah, Present address Mohalla- Rajendra Nagar Navi
                 Nagar, P.S. and District- Nawadah

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Nawadah P.S. Case No. 1270 of 2025 registered for the

                   offence punishable under Sections 190, 191(2), 126(2), 115(2),

                   103(1) and 61(2) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others has assaulted with knife to the son

                   of the informant due to which he succumbed to the injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that as
Patna High Court CR. MISC. No.22023 of 2026(2) dt.07-04-2026
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          per the case of the prosecution, there are altogether 8 named

          accused persons and 10-12 unknown miscreants are there. It is

          alleged that the son of the informant was being assaulted with

          lathi, danda and knife. It has further been submitted that in this

          case, police has submitted final form with respect to this

          petitioner but learned trial Court has taken cognizance against

          him. It has been submitted that there is absolutely no material

          against the petitioner. It has further been submitted that from

          perusal of the postmortem report of the deceased, it will

          transpire that altogether seven injuries were found on the person

          of the deceased which is abrasion, laceration and swelling. The

          doctor has opined that the cause of death is the head injury

          caused by hard and blunt object. It has also been submitted that

          from perusal of the ante-mortem injuries of the deceased, it is

          clear that no cut injury was found on the person of the deceased

          whereas there is also allegation of assaulting with knife. It has

          further been submitted that only seven injuries were found on

          the person of the deceased whereas according to the case of the

          prosecution, the assailants were 20 in number, 8 named and 12

          unnamed. Petitioner is having no criminal antecedent and he is

          languishing in judicial custody since 10.12.2025.

                       5. Learned APP appearing for the State has
             Patna High Court CR. MISC. No.22023 of 2026(2) dt.07-04-2026
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                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Nawadah in connection with Nawadah P.S.

                       Case No. 1270 of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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